Okla. Stat. tit. 47 § 11-902 Archives - Page 2 of 2

F-2004-427

Post author:Staff
Post published:January 26, 2007
Post category:F

In OCCA case No. F-2004-427, Emily Michelle Dowdy appealed her conviction for First-Degree Manslaughter. In an unpublished decision, the court decided to affirm her conviction but modified her sentence to twenty-five years imprisonment. One judge dissented from the decision to modify the sentence. Emily was charged after a fatal car accident that resulted in the death of another driver, Ryan Brewer. Emily's blood test later showed a high blood alcohol concentration, indicating she was driving under the influence. In her defense, she claimed she was involuntarily intoxicated, suggesting that she may have been given a drug without her knowledge, such as GHB or rohypnol, often associated with date-rape cases. Emily argued that she could not remember what happened after she took a friend to her car at a bar. The trial included a significant amount of expert testimony regarding the effects of GHB, but the state argued that Emily was likely just drunk from alcohol. Various witnesses testified about her drinking at the bar that night and her generally good driving record. On appeal, Emily raised several arguments regarding the fairness of her trial, alleging ineffective assistance of her counsel, improper admission of certain evidence regarding her character, and comments made by the prosecutor. The court reviewed testimony regarding whether Emily had been properly advised about her rights during police questioning and whether any misconduct had affected the jurors' views. After thorough review, the court concluded that the trial was fair overall, although it noted that one witness's hearsay testimony, which was not properly admissible, could have potentially influenced the jury's view of Emily. Ultimately, this led to a modification of her sentence, although the conviction itself remained intact. The dissenting judge felt that the original forty-year sentence was appropriate and did not believe that the limited hearsay testimony had a significant impact on the final outcome.

F-2005-859

Post author:Staff
Post published:December 8, 2006
Post category:F

In OCCA case No. F-2005-859, Percy Dewayne Cato appealed his conviction for driving under the influence, driving with a suspended license, and speeding. In an unpublished decision, the court decided to affirm his convictions, but modified one of the fines. One judge dissented. Percy Cato was found guilty by a jury for three different offenses. The first was driving under the influence, which was more serious because he had two previous DUI convictions. The jury gave him a punishment that included time in prison and other conditions like treatment and community service. He was sentenced to a total of four and a half years, with some of that time suspended, meaning he would only serve three years in prison and spend time on probation afterwards. Cato claimed the instructions given to the jury about his previous DUI convictions were wrong, saying they should have been told that one of those convictions couldn't be used to give him a harsher punishment. The court found that this mistake did not harm Cato; he still received a fair punishment based on his actions. He also argued that the way his punishment was split between prison time and treatment violated the law. However, the court ruled that this was okay because the law allows for a mix of punishment and rehabilitation for DUI cases. Cato requested that the jury be told how to consider evidence showing he refused to take a breath or blood test. Although the court said this type of instruction is important, they did not find it necessary in Cato's case because he couldn't prove that it affected the outcome of his trial. In summary, the court upheld the main parts of Cato's punishment while making a small change to one of the fines. The decision was mostly in favor of maintaining his convictions, showing the court believed that the jury's decision was fair and just.

F-2005-1176

Post author:Staff
Post published:August 28, 2006
Post category:F

In OCCA case No. F-2005-1176, Rollie Mack Francis appealed his conviction for multiple crimes, including eluding a police officer and assault with a dangerous weapon. In an unpublished decision, the court decided to modify one of his sentences but affirmed the other convictions. The court agreed with the state that there was an error in how a fine was considered in one of the counts, changing it to a $500 fine. One judge dissented.

S-2005-840

Post author:Staff
Post published:May 18, 2006
Post category:S

In OCCA case No. S-2005-840, #Ranney appealed his conviction for #driving under the influence and driving with a revoked license. In an (unpublished) decision, the court decided to deny Ranney's motion to dismiss the State's appeal. The court remanded the case back to the District Court with instructions to vacate its order that had previously granted Ranney's motions to suppress evidence and quash the charging information. #One judge dissented. The case began when Ranney was accused of hitting a sign in a convenience store parking lot while possibly being drunk. The police officer noticed things like the smell of alcohol and Ranney's slurred speech. Ranney admitted to drinking beer when the officer questioned him. At a preliminary hearing, Ranney tried to get his statements thrown out, but that motion was denied. Later, at a different hearing, Ranney asked again to have his statements and the charges dismissed. He argued he wasn't free to go when the officer spoke to him and that his statements were made because he felt pressured. He also claimed the officer didn’t have a good reason to come up and question him. The judge, after considering the situation, decided to grant Ranney’s request without explaining why. This left everyone confused about the reasons behind the decision. The State then asked the judge for a written explanation, but she didn’t respond. The State decided to appeal her decision, but Ranney argued that the appeal should be dismissed because there were no clear reasons from the judge about her ruling. While the court agreed there was a problem with the record, they didn’t think the State should be punished because it was mainly the judge’s fault for not providing explanations. So, the court ordered the case to go back to the lower court. They said the District Court should take away its previous decision and then handle Ranney's motions again, this time making sure to provide clear reasons for any new decisions.

C-2005-78

Post author:Staff
Post published:November 2, 2005
Post category:C

In OCCA case No. C-2005-78, Allen Eugene McCarthy appealed his conviction for Driving Under the Influence and other related charges. In an unpublished decision, the court decided to grant McCarthy's request to withdraw his guilty plea for the DUI charge only, while affirming the rest of his sentence. One judge dissented.

F-2004-198

Post author:Staff
Post published:February 28, 2005
Post category:F

In OCCA case No. F-2004-198, Clonnie A. Layman appealed his conviction for trafficking in illegal drugs (methamphetamine) and driving under the influence of alcohol. In a published decision, the court decided that Layman was entitled to a new trial because the trial court made a mistake by allowing the exclusion of a minority juror without a valid reason. One judge dissented.

F 2003-1401

Post author:Staff
Post published:September 7, 2004
Post category:F

In OCCA case No. F 2003-1401, Toni Lisa Dixon appealed her conviction for Driving while Under the Influence of Alcohol, second offense; resisting an officer; and failure to stop at a stop sign. In an unpublished decision, the court decided to modify her DUI conviction to a first offense and ordered a resentencing on that charge. The conviction for resisting an officer was affirmed, but the fine was reduced to $500. The conviction for failure to stop at a stop sign was also affirmed. One judge dissented.

F 2003-1018

Post author:Staff
Post published:June 23, 2004
Post category:F

In OCCA case No. F 2003-1018, Orcutt appealed his conviction for Driving While Under the Influence of Intoxicating Liquor, Second and Subsequent Offense. In a published decision, the court decided to affirm the conviction but modify the sentence. One judge dissented. Orcutt was found guilty in a jury trial of several charges linked to driving while drunk. This happened in Creek County after a trial that lasted a few days in August 2001. The jury decided that he should spend ten years in prison and pay a big fine for his most serious crime, as well as some smaller fines for the other charges. Orcutt claimed that there were mistakes made during his trial. He said that the jury was not given the right instructions about how they should decide on the punishment. He also argued that the prosecution acted unfairly and that the jury should have been kept together without being allowed to leave during the trial. After looking at all the evidence from the trial and listening to the arguments made by both sides, the court said that Orcutt's convictions would stand. However, they agreed that the sentence needed to be changed. The jury had been instructed incorrectly about the possible punishments for Orcutt's offenses. The law said that they could not set his punishment to include both treatment and prison time at the same time. While his prison time of ten years and the fine were kept in place, the part of the punishment that required treatment and use of an ignition device was removed. The court found that some of Orcutt's other arguments about unfairness during the trial did not hold up, and no changes were made based on those claims. In conclusion, the court affirmed the main conviction but modified part of the punishment, removing some of the conditions, while agreeing on the primary penalties.

F-2002-899

Post author:Staff
Post published:July 22, 2003
Post category:F

In OCCA case No. F-2002-899, Edward John VanWoundenberg appealed his conviction for Driving While Under the Influence (DUI) after having two or more previous convictions. In an unpublished decision, the court decided to affirm the conviction and sentence. One judge dissented. VanWoundenberg was found guilty of DUI in a trial where a jury sentenced him to twenty years in prison. He raised several arguments in his appeal. He argued there were mistakes in the jury instructions, his sentence should be changed, a clerical error needed to be fixed, and that the combined effect of all the mistakes denied him a fair trial. The court reviewed all the information from the trial. It decided that VanWoundenberg’s case did not need to be reversed or changed, but there was a clerical mistake in the court documents that had to be corrected. The court found that the evidence did not support giving the jury instructions about lesser charges, and so the trial court acted correctly by not providing those instructions. VanWoundenberg also argued that his felony DUI sentence should not have been increased under a general law since it had already been raised under a specific DUI law due to his previous offenses. The court explained that it was legal to enhance (or increase) his sentence using a general law because he had many previous different felony convictions within the required time. The court pointed out that one of VanWoundenberg's arguments was mistaken; the rules allowed for both the specific and general laws to apply in his case. Finally, the court amended the total costs listed in the original court documents to a lesser amount due to a fee that should not have been included. In the end, the court confirmed VanWoundenberg's conviction and corrected the clerical error, but found no other issues that needed to change the outcome of the case.

F-2001-1444

Post author:Staff
Post published:March 12, 2003
Post category:F

In OCCA case No. F-2001-1444, the appellant appealed his conviction for Driving Under the Influence of Alcohol (2nd offense) and Driving While Privilege Suspended. In an unpublished decision, the court decided to reverse the conviction for Driving Under the Influence and ordered a new trial with proper instructions. The judgment for Driving While Privilege Suspended was affirmed. One judge dissented.

F-2001-1243

Post author:Staff
Post published:December 20, 2002
Post category:F

In OCCA case No. F-2001-1243, Michael Gerald Turner appealed his conviction for multiple crimes. In a published decision, the court decided to affirm some of Turner's convictions and dismiss others. Specifically, the court upheld his convictions for Assault and Battery Upon a Police Officer, Unauthorized Use of a Vehicle, Possession of a Controlled Substance, Driving While Impaired, and Attempted Escape, but reversed and dismissed his convictions for Personal Injury DUI and DUI due to issues with evidence and double jeopardy. One member of the court dissented.

F-2001-1061

Post author:Staff
Post published:September 27, 2002
Post category:F

In OCCA case No. F-2001-1061, Gibbs appealed his conviction for Driving Under the Influence of Intoxicating Liquor, Second or Subsequent Offense. In an unpublished decision, the court decided to affirm the conviction but modify the sentence to eight years in prison. One judge dissented. Gibbs was found guilty by a jury and sentenced to ten years, along with a fine and recommended counseling. Gibbs argued that the evidence against him wasn't enough to convict him. However, the court found the evidence sufficient to support the conviction. Gibbs' defense claimed he wasn’t driving under the influence; he said his car’s accelerator stuck and that someone gave him a ride home. He also stated that his sister saw him drinking at home. The prosecutor, during the trial, made errors when questioning Gibbs about the burden of proof and his rights. Even though there were issues with the prosecutor's comments, the court believed these mistakes did not greatly affect the overall outcome of the case. While the conviction remained, the court decided to lessen Gibbs' sentence due to the errors noted during the trial.

F 2001-171

Post author:Staff
Post published:May 31, 2002
Post category:F

In OCCA case No. F 2001-171, Emily Dowdy appealed her conviction for Manslaughter in the First Degree (DUI). In an unpublished decision, the court decided to reverse the conviction and remand for a new trial. One judge dissented. Emily Dowdy was found guilty of causing a death while driving under the influence of alcohol. Her trial took place in January 2001, and she was sentenced to 25 years in prison. After her conviction, she appealed, arguing ten different points about why her trial was unfair. First, she claimed that she should not have been tried again because of double jeopardy, which means a person cannot be tried for the same crime twice. However, the appellate court said that this was not the case here because the state did not purposefully try to get a mistrial. Second, Dowdy wanted to present a defense that she was involuntarily intoxicated, meaning she did not intend to be drunk, but the court ruled that she could not do this, which the appellate court found was a mistake. This mistake was very important and led to the decision to give her a new trial. The appellate court emphasized that everyone has the right to defend themselves and present their story in court, which Dowdy was not allowed to do. The other points raised by Dowdy, such as claims of unfair trial processes, bias from the judge, and other trial errors, were not addressed because the court believed that the preclusion of her intoxication defense was enough to warrant a new trial. In the end, the appellate court said Dowdy should have another opportunity to present her case to a jury where she could defend herself fully. The judge's decision not to allow her intoxication defense to be presented was seen as very serious and unfair, leading the court to reverse the earlier judgment and order a new trial.

F-2005-392

Post author:Staff
Post published:February 21, 2002
Post category:F

In OCCA case No. F-2000-638, Ray Lamont Hubbard appealed his conviction for Manslaughter in the First Degree. In a published decision, the court decided that the assessment of incarceration costs against him needed further review because the process used to determine those costs was not followed properly. The opinion noted that Hubbard's ability to pay was considered, but remanded the case for an evidentiary hearing to correctly calculate the incarceration costs. In OCCA case No. F-2000-194, Troy Don Cape also appealed the assessment of incarceration costs after pleading guilty to Driving While Intoxicated. The court similarly decided to vacate the amount of costs assessed against him because the required procedure for determining the costs was not adequately followed. Both cases were sent back for hearings to determine appropriate incarceration costs. One judge dissented on the decision to vacate and remand, believing that the assessments were already supported by sufficient evidence and that the trial courts had acted within their discretion.

RE 2001-0351

Post author:Staff
Post published:January 25, 2002
Post category:RE

In OCCA case No. RE 2001-0351, the appellant appealed his conviction for violating probation. In an unpublished decision, the court decided in favor of the appellant, agreeing that the trial court made a mistake in ordering sentences to run consecutively instead of concurrently. One judge dissented.

C-2000-1344

Post author:Staff
Post published:March 14, 2001
Post category:C

In OCCA case No. C-00-1344, Betts appealed his conviction for multiple offenses including Driving Under the Influence of Drugs and Assault on a Police Officer. In a published decision, the court decided to grant his petition for relief regarding some of the convictions due to a lack of adequate factual support for those charges. One judge dissented. Betts had pleaded guilty to several charges in a lower court, but later claimed he did not understand all the details of the offenses or the punishments he could receive. He filed a motion to withdraw his plea, which was denied by the district court. The case was then brought to the Oklahoma Court of Criminal Appeals. The court looked at the reasons Betts provided for wanting to withdraw his plea. One of the main issues was that there was not enough factual evidence to support certain charges against him. For instance, when Betts admitted some wrongdoing, he did not talk about other specific charges like the drug possession or tampering with a vehicle. The court found that because of this, Betts did not really enter his plea to those counts in a fair way. While the court affirmed one of his convictions related to Assault and Battery on a Police Officer, they reversed other convictions regarding Driving Under the Influence of Drugs and related charges. The court also mentioned that there were problems with how restitution was handled, which means determining if and how much money Betts should pay for what he did. Overall, the court sent the case back to the district court to ensure that the restitution issues were corrected and to check if the earlier order of restitution was appropriate for the right case. The court set a timeframe for the district court to work on these issues. In summary, the court found that Betts was not properly informed or supported for several of the charges against him, leading them to reverse some of his convictions while affirming one, and they ordered further hearings on the restitution matter.